Family Law

Below is information regarding divorce, child custody and support and orders of protection under Arkansas law.﻿ Please note that the following are general answers to questions commonly asked by potential clients. Every case is different. These answers are not meant to be relied upon by any individual contemplating litigation or currently involved in litigation.

Frequently Asked Questions Regarding Divorce in Arkansas

How long do I have to live in Arkansas before I can file for divorce? You must live in the state of Arkansas for at least sixty (60) days before filing an action for divorce.

What do I have to do to get a divorce? In Arkansas, you must prove that (1) you have established residency in the state for the required period of time and (2) that you are entitled to a divorce because you have grounds for requesting one. There are many different grounds for divorce in Arkansas.

What will happen with my children and my property in a divorce? If you and your spouse agree on child custody, child support and property division, that agreement will be accepted by the court in most circumstances. If you are unable to agree on these issues, your case will go to trial and the judge will determine a custody arrangement that is in the best interests of your children and a property division that is fair to both parties. In Arkansas, marital property is divided in half unless a party proves that there is good cause to divide it another way.

How long does the divorce process take? A divorce cannot be granted until at least thirty (30) days have passed since the date of filing the complaint for divorce. If the parties agree on child custody, child support and property division, the divorce can be finalized after that time period. If the parties are unable to agree, a trial date is requested. Currently it takes between three and six months to have a trial date set for a divorce action in Baxter County.

Can my spouse and I use the same attorney for a divorce? If your divorce is completely uncontested, it may be possible for one attorney to handle the proceeding. However, only one party will actually be represented by the attorney. Both parties will have the opportunity to review the paperwork before the divorce is finalized.

Can I get an annulment? Annulments are granted in very limited circumstances. The amount of time you have been married does not matter. Grounds for an annulment are very conservative in Arkansas. Most people are required to file a divorce action instead.

What is a legal separation? A legal separation is, simply put, a physical separation between husband and wife that is recognized by a court order. Commonly referred to as a “divorce from bed and board,” couples can be legally separated when they do not have grounds for divorce, or when they do not necessarily want to proceed with a divorce but want to establish their property rights and/or child or spousal support obligations.﻿﻿

Who will get custody of my children if I file for divorce? If parents cannot agree on a custody arrangement, the court will make a determination based on an evaluation of the evidence at trial and what is in the best interests of the children. At the request of the parties, or if the court thinks it is necessary, the judge may appoint an attorney ad litem. The ad litem is responsible for independently evaluating all of the circumstances surrounding the custody dispute. The ad litem represents the best interests of the child and will advise the court of his or her findings at trial.

What if I was never married to my boyfriend/girlfriend but we have children together? Paternity must be established before a father will be entitled to visitation with his child if the child is not born of a marriage. Until paternity is legally established, the mother of the child has sole custody. A court order determining paternity will usually establish a father’s custody and visitation rights and also his child support obligation.

Can my children choose which parent they want to live with? Children can make their choices known, but it will not be binding on the judge. It is one of many factors the judge will consider when determining what is in the best interests of the children.

Can my children’s other parent and I have joint custody of our children? Yes. Act 1156 of 2013 modified Arkansas law to states that joint custody is favored in Arkansas. Circuit Court judges in the 14th Judicial District, which includes Baxter, Marion, Boone and Newton Counties, have embraced the change in the law and are beginning to order joint custody in many of the contested matters that come before them.﻿ This is a vast departure from the prior law in Arkansas where an order awarding parents joint custody of children was actually disfavored.

How can I change my court-ordered child custody situation? There must be a material change in circumstances from the time the order was originally entered before a child custody order can be changed. The court will not change a child’s living arrangement without good reason.

How is a child support amount determined? The Arkansas Supreme Court publishes a child support chart that determines a child support amount based on the non-custodial parent’s income and the number of children of the parties. The court may deviate from the chart for various reasons but usually the chart amount is the amount ordered by the judge. Download the child support chart by clicking here﻿﻿ (PDF file will open in a new window).

Questions Regarding Orders of Protection in Arkansas

What is an order of protection? An order of protection is a court order that provides protection for victims of abuse by excluding an abuser from coming around the abused. It is also meant to prevent further abuse through the removal of those who commit domestic abuse from the household. The court may also provide other relief to the requesting party, such as temporary child custody and child support.

Who can request that an order of protection be issued? An order of protection is available to a spouse, former spouse, parent or child, blood relative, any child residing in the same household as the alleged offender, any person who presently or in the past has resided or cohabited together, a person who has or have had a child in common, and any person who are presently or in the past have been in a dating relationship. A petition for an order of protection can be requested by a parent on behalf of a minor child.

How do I request an order of protection? A petition for an order of protection must be filed with the circuit clerk. Forms are available at the clerk’s office, which is located in the county courthouse.

How long will an order of protection last? Initially, if the judge finds that a verified petition for an order of protection meets the proper requirements, a temporary order will be entered that will last up to thirty (30) days. A hearing must be scheduled within thirty (30) days to determine whether a permanent order of protection should be entered. Each side will have the opportunity to explain his or her side of the situation. It is strongly recommended that you have an attorney present for this hearing.

Will I have to go to court to get an order of protection? For a final order of protection to be entered, you will have to go before the judge and explain why you need an order of protection. If you fail to come to court at the appointed time, your petition will be dismissed and you may be responsible for the costs and attorney’s fee of the other party.﻿